Ordinance No. 1,813ORDINANCE NO.1813
AN ORDINANCE AUTHORIZING THECITY MANAGER AND CITY
CLERK TO ENTER INTO LICENSE AGREEMENTS WITH MISSOURI
PACIFIC RAILROAD COMPANY FOR TWO CROSSINGS OF THEIR
EXISTING RIGHT OF WAY WITH FIFTEEN (15")INCH SANITARY
SEWER LINES,AUTHORIZING AND DIRECTING THE PAYMENT BY
THE CITY OF THE SUM OF ONE HUNDRED AND NO/100 ($100.00)
DOLLARS,WITH REGARD TO EACH LICENSE AGREEMENT,AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS,the City of Baytown is desirous of extending
and improving its present sewer pipelines;and
WHEREAS,said extension requires the City to cross the
existing right of way of the Missouri Pacific Railroad
Company at two locations;and
WHEREAS,the Missouri Pacific Railroad Company has
tendered a licensed agreement to the City for each crossing
thereby authorizing the City to cross its right of way and
further providing for the payment of One Hundred and No/100
($100.00)Dollars feefor each crossing;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS:
Section 1:That the City Manager andCity Clerk of the
City of Baytown are hereby authorized to enter licensed
agreements with Missouri Pacific Railroad Company forthe
crossing of their existing right of way with two fifteen
(15")inch sanitary sewer lines.The location of said
crossings are described in the licensed agreements as follows,
to wit:
1973.61 feet south of point of Switch,Track 98-98,
Engineer's Chainage Station 19+73.61,Harris County,
Texas at Baytown.
1891.61 feet south of Point of Switch,Track 98-98,
Engineer's Chainage Station 18+96.61,Harris County,
Texas at Baytown.
Section 2:That payment to the said Missouri Pacific
Railroad Company in the amount of One Hundred and No/100
($100.00)Dollars with regard to each license agreement is
hereby authorized and directed.
Section 3:Effective Date:This ordinance shall take effect
from andafter its passage by the City Council of the City of
Baytown.
INTRODUCED,READ and PASSED by an affirmative vote of the
City Council of the City of Baytown this the 26th day of June ,
1975.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
NEEL RICHARDSON,City Attorney
-2-
EXHIBIT "A"
Form 20021 6/69
PIPE LINE LICENSE
THIS INSTRUMENT,executed in duplicate,June 5 ,1975 ,WTTNESSETH:
The undersigned Carrier hereby grants,but on solely the herein expressed terms and
conditions,andthe undersigned Licensee (a Governmental Body ),
(individual,copartners or corp.&state where incorporated)
to be addressed at P.0.Box 424,Baytown,Texas 77520 ,
hereby accepts,permission to install,keep,maintain,repair,renew and U3e for conveying
sewage the Licensee's own one certain proposed
12 gauge (number)(proposed or existing)
continuous lineof corrugated metal pipe ,15-inches in diameter,and appurtenances,
t herein called Pipe Line,on
ttheCarrier's property,herein called Premises.Pipe Line willbe used to convey sewage.
.PipeLine shall intersect Carrier's existing
right of way xxsst 1973.61 feet south of point of switch,sXxSSHQSSHC Track ,
(track orrightof way)93-98,Engineer's Chainage station 19+73.61
mXXXXXXXpKX ,Harris county ,Texas ,at 8*XK«»x Baytown
(county or parish)(state)(place)
Approximate location of PipeLine is indicated by red line on
Exhibit A attachedhereto as part hereof.
1.Licensee shall at all times keep Pipe Line in good state of repair.All Work by
Licensee hereunder shall be performed ina safe and workmanlike manner.Licensee 6hall
furnish ordo at Licensee's own cost and responsibility any andall things and when and
as from time to time required to accomplishwhatsoever the Licensee attempts or is bound
to do at any time hereunder.Licensee shall adjust PipeLine to any physical change as
made at any time in any of Carrier's property;at all times keeping upper surface of Pipe
Line at least five E58X and one-half feet below bottom of rail thereover.
Licensee shallcause Pipe Line,before being usedfor anything inflammable,to conform
substantially to Exhibit B attached hereto as part hereof.Said things,including the
time and manner of doing any work,each shallconformto the requirements of Carrier as ^
mp.as of any State,Federal or Municipal authority.Carrier may acting for Licensee
v .-nish or do,and Licensee shall pay and bear the cost of,anything which,herein required
of Licensee at any time,either shallnotbe furnished or done within ten days following
Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request;
and Licensee on request shall in advance deposit with Carrier the estimated cost thereof.
If deposit be less than actual cost,Licensee shall pay the difference;if more,Carrier
shall repay difference.Licensee when returning this license (signed)shall pay to Car
rier one hundred dollar s ^aroxaHapgsxxaaaaanfitpaaMgiB^^
Any other payment shall be made within twenty days following receipt of bill.Licensee
shall pay cost to Carrier for all labor,including wages of foremen,cost of material
f.o.b.Carrier's fails plus freight at tariff rates to point of use,plus taxes and usual
railroad additives.No.provisions of this paragraph,nor approval by Carrier of any of
Licensee's undertakings,shall relieve Licensee of any responsibility or liability.
*fon the license granted herein.
2.Licensee agrees to (a)indemnify and save harmless the Carrier from and against
all claims,suits,damages,costs(including attorneys*fees),losses and expenses,in any
manner resulting from or arising out ofor in connection with the laying,maintenance,
renewal,repair,use,existence or removal of Pipe Line,including the breaking of the
same or any leakage therefrom,and (b)assume all risk of loss or damage to Pipe Line and
the contents thereof regardless of how caused and regardless of any negligence on the
part of Carrier,or otherwise.
-1 -
Form 20021 6/69
3*Termhereof shall begin with
after until concluded (lst)by expiration of-June 5 ,1975 ,and continue there
thirty days following serving,
default or (a-2 to show statutory right to Lnstal/pipe Line ^ta-^^tErtyJ^S STler 8,wlt*«re<luest therefor.Any notice of Carrier shallbedeeded!5T J Pf 6d consPicuously on PiPe Lineor when deposited postage prepaid in U.Imailaddressedasaforesaid.Not later than last dayof term hereof LicenseeshallSSITj??11;*»*res*ore P^mises.Any of Pipe Line not so removed shall at Carrier'sno*ice be deemed abandoned.Covenants herein shall inure to orbind eachi'I**?re5resentatives>successors and assigns;provided:no right ofbit^l R«transferred or assigned,either voluntarily or involuntarily,exceptbyexpressagreementacceptabletoCarrier.Carrier or Licensee may waive any default at^T°£e°ther With°Ut affeCtiDg °r ^±Ti i**££W£S ^
MISSOURI PACIFIC RAILROAD COMPANY
WITNESSES:
General Manager
As Carrier,first party herein
EST:CITY OF BATIOWN
(Affix Seal)Secretary
B3L
City Manager
As Licensee,second party herein
-2 -
"EXHIBIT-A"
MISSOURI PACIFIC RAILROAD COW PAN'.
SOUTHERM DISTRICT
DeQuincy Division
Propo s e</•«
r"ze Linz Cmss /nv,
P,.4.^
O'tice ot D-itrict L'ns'neer-Hous:c;i."ox.!>
Bo*v i Sc;ie /".•:••
Fora 20021 6/69
PIPE LIME LICENSE
THIS INSTRUMENT,executed in duplicate,June 5 ,19 75,WITNESSETH:
The undersigned Carrier hereby grants,but on solely the herein expressed terms and
conditions,and the undersigned Licensee (a GovernmentalBody ),
-(individual,copartners or corp.&state where incorporated)
to be addressed at p.0.Box 424,Baytown,Texas 77520 f
hereby accepts,permission to install,keep,maintain,repair,renew and use for conveying
sewage the Licensee's own one certain proposed
12 gauge (number)(proposed or existing)
continuous lineof corrugated metal pipe ,15-inches in diameter,and appurtenances,
gHEflTOHflBg ,herein called Pipe Line,on,p ,
the Carrier's property,herein called Premises.Pipe Line will be used to convey sewage.
•PipeLine shall intersect Carrier's existingrightorway1g^1396.61 fQet southof point of switch,xxfioSaoCflJoac Track f
(track or rightof way)98-98,Engineer's Chainage station 18+96.61
XKXXmXXXXpC&K ,HarrisCounty ,Texas t at36eafi§8?c fiaytown
(county or parish)(state)(place)
Approximate location of PipeLine is indicated by red line on
Exhibit A attached hereto as part hereof.
1..Licensee shall at all times keep Pipe Line in good state of repair.All work by
Licensee hereunder shall be performed ina safe and workmanlike manner.Licensee shall
furnish or do at Licensee's own cost and responsibility any and all things and when and
as from time to time required to accomplishwhatsoever the Licensee attempts or is bound
to do at any time hereunder.Licensee shall adjust PipeLine to any physical change as
madeat any time in any of Carrier's property;at all times keeping upper surface of Pipe
Line at least five xssspcand one-half feet below bottom of rail thereover.
Licensee shallcause Pipe Line,before being used for anything inflammable,to conform
substantially to Exhibit B attached hereto as part hereof.Said things,includingthe
time and manner of doing any work,each shall conformto the requirementsof Carrier as %
j#jell as of any State,Federal or Municipal authority.Carrier may acting for Licenseefornishordo,and Licensee shall pay and bear the cost of,anything which,herein required
of Licensee at any time,either shall not be furnished ordonewithin ten daysfollowing
Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request;
and Licensee on request shall in advancs deposit with Carrier the estimated cost thereof.
If deposit be less than actual cost,Licensee shall pay the difference;if more,Carrier
shall repay difference.Licensee when returning this license (signed)shall pay toCar
rier one hundred dollars*3cmnK7reT^nrg^fg?yi^^
Any other payment shall be made within twenty days following receipt of bill.Licensee
shall pay cost to Carrier for all labor,including wages of foremen,cost of material
f.o.b.Carrier's rails plus freight at tariff rates to point of use,plus taxes and usual
railroad additives.Noprovisionsof this paragraph,nor approval by Carrier of any of
Licensee's undertakings,shall relieve,Licenseeofany responsibility or liability.*for thelicense granted herein.
2.Licensee agrees to (a)indemnify and save harmless the Carrier from and against
all claims,suits,damages,costs(including attorneys'fees),losses and expenses,in any
manner resulting from or arising out of or in connection with the laying,maintenance,
renewal,repair,use,existence or removal of Pipe Line,including the breaking of the
same or any leakage therefrom,and (b)assume all risk of loss or damage to Pipe Line and
the contents thereof regardless of hew caused and regardless of any negligence on the
part ofCarrier,or otherwise.
-1 -
Form 20021 6/69
3«Term hereof shall begin with
after until concluded (lst)by expiration of -June 5 ,19 75,and continue there
-„-—--thirty days following serving,
by Licensee on Carrier,or vice versa,of written notice of intention to end term hereof
or (2nd),at Carrier's election without further notice,by expiration of six
months without the PipeLine having been installed or by Licensee failing (a-l)to cure
any default or (a-2)to show statutory right to install PipeLine within thirty
days following Carrier's written request therefor.Any notice of Carrier shall be deemed
served when posted conspicuously on Pipe Line or when deposited postage prepaid in U.S.
mail addressed as aforesaid.Not later than last day of term hereof Licensee shall
remove Pipe Line and restore Premises.Any of PipeLine not so removed shall at Carrier's
election without notice be deemed abandoned.Covenants herein shall inure toor bind each
party's heirs,legal representatives,successors and assigns;provided:no right of
Licensee shall be transferred or assigned,either voluntarily or involuntarily,except
by express agreement acceptable to Carrier.Carrier or Licensee may waive any default at
any time of the other without affecting,or impairing any rightarising from,any sub
sequent default.;
v
MISSOURI PACIFIC RAILROAD COMPANI
WITNESSES:
General Manager
As Carrier,first party herein
CITY OF BAYTOWN
(Affix Seal)
WITNESSES:
Secretary
City Manager
As Licensee,second party herein
-2 -
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